AUSTIX 11. TEXAS
FVILI. WIJLSON
ATTORNEY GENERAL
December 6, 1961
Honorable Mack H. Hannah, Jr.
Chairman, Hoard of Directors
Texas Southern University
Houston, Texas
Opinion No. ww-1213
Re: Whether Texas Southern
University can acquire
land for additional
campus space under the
terms of S. B. No. 296,
Acts 57th Leg., R-S.,
Dear Mr. Hannah: 1961.
Your request for opinion from this office
presents the following questions:
"1. Whether Texas Southern University
can acquire land for additional campus
space under the terms of Senate Bill
296, Acts of the 57th Legislature,
Regular Session, 1961.
"2. If the question asked above is
answered I.n the affirmative, is this
authority limited by the terms of the
Act mentioned above or by the terms
of any other laws of the State of
Texas."
Senate Bill 296 provides for certain building-
use fees in lieu of tuition fees, the anticipated income
to be used to secure bonds and notes issued for the
purpose of enlarging the physical facilities of the
University. Section 3 of Senate Bill 296 provides in
part as follows:
"The governing board of the University
is authorized to pledge the anticipated in-
come from such fees to secure bonds, warrants,
or notes issued fan the purpose of acquiring,
constructing, repairing, and equipping
buildings and other permanent improvements
and purchasing the necessary sites therefor,
_.. .
Honorable Mack H. Hannah, Jr., page 2 (w-1213)
and the governing board is hereby granted
the authority and power to issue bonds,
warrants and notes for such purposes. . . ."
(Emphasis added)
The phrase "permanent improvements" is
interpreted to include something done to or put on the
land which is not to be moved or carried away, either
because it has become physically impossible to separate
it from the land, or because, in contemplation of law,
it has become annexed to the soil and is therefore to
be considered a part of the freehold. 27 Am.Jur. 274,
Improvements, Sec. 19. Construction of classroom
buildings or any other campus building and the purchase
of land for additional campus space would certainly
come within this definition of permanent improvements".
The land thus purchased need not be adjacent to the
existing campus. Since Senate Bill 296 gives authority to
purchase the sites for these permanent improvements,
your first question is answered in the affirmative,
As to your second question we call your
attention to Section 9 of Senate Bill 296 as follows:
"This Act shall be cumulative
of other Statutes and shall not repeal
any existing Statutes; provided, that
the issuance of bonds, warrants, or
notes provided for in this Act shall be
governed by the provisions of this
Act which shall be exclusive, and the
provisions of other laws relating to
the issuance of bonds, warrants, or
notes, or the collection or pledge of
building-use fees, shall have no applica-
tion to the issuance of bonds, warrants,
or notes as herein provided."
Article 2643d authorizes Texas Southern Univer-
sity to construct and otherwise acquire and equip
buildings and structures which the Board of Directors
deems proper or suitable for the students and faculty
of the University. Section 3 of this statute provides
that land owned by the State of Texas or by the Univer-
sity may be used as building sites and grounds "for
such buildings constructed or acquired under this Act;
provided that said Board is hereby authorized to acquire
by gift, or by purchase out of funds derived from
the sale of said bonds, the said building sites and
grounds.“
Honorable Mack H. Hannah, Jr,, Page 3 !w-1213)
Article 2909c authorizes the institutions of
higher learning, including Texas Southern University, to
construct, acquire,7improve and equip buildings and
other structures and additions to existing buildings and
other structures "and acquire land for said additions,
buildings and other structures if deemed appropriate by
said governing body."
It Is OUT opinion that Senate Bill No. 296
does not affect or limit the powers granted by Articles
2643d and 290%. However, it is also our opinion that
the land which the University is authorized to acquire
under these statutes, like Senate Bill 296, is limited
to the sites and grounds for the buildings and structures
constructed or acquired under the provisions of such
statutes respectively,
SUMMARY
Senate Bill No, 296 of the 57th Le is-
lature (,Acts57th Leg., R.S., 19617
authorizes the governing board of
Texas Southern tiniversityto acquire
land for additional campus space.
Senate Bill No. 296 does not limit
the aut.horityof the governing board
when said Board is actin under the
provisions of Articles 2fi
43d or 2909c,
to purchase sl.,esfor the buildings
or structures authorized by these
statutes.
Yours very t,ruly,
WILL WILSON
FDW:lgh:kh
Assistant
APPROVBD:
OPINION COMMITTEE
W. V. Geppert, Chairman
Honorable Mack H. Hannah, Jr., page 4 (w-1213)
Jay Howell
Bill Allen
Pat Bailey
REVIEXED FOR THE ATTORNEY GENERAL
BY: Houghton Brownlee, Jr.